Contracted Hours not being met???
Discussion
Just a quick question.
A friend is a receptionist for a well known hospitality chain and has a contract for 30 hours a week in her job.
She has not been given the full amount of hours she is contracted for. This has been because of a number of reasons:
- Her direct managers inability to count to and then organise 30 hours for the week.
- It is very quiet at the moment and the place is over staffed.
- Lastly, she was due to move department but this might be not happening anymore which caused a bit of confusion when the managers don't really communicate with each other.
She has raised the issue a few days ago with one of the higher managers but today she was sent home 6 hours early because they were overstaffed.
- Is she still entitled to the pay for the rest of the hours even if she has not worked them?
- If so, how would she go about putting this across to the company - they do have an HR department. She is in two minds over whether to stay with the company but if she was to leave, should she take this to an employment tribunal and how would she go about that. - - To work out how many hours she is owed, would it be enough to just look at her payslip or should she go as far as noting all the hours she works etc.
- Also, if she has raised the issue more than once and they still don't change the way they act, should she ride it out for 2/3 weeks before taking it further.
Thanks
A friend is a receptionist for a well known hospitality chain and has a contract for 30 hours a week in her job.
She has not been given the full amount of hours she is contracted for. This has been because of a number of reasons:
- Her direct managers inability to count to and then organise 30 hours for the week.
- It is very quiet at the moment and the place is over staffed.
- Lastly, she was due to move department but this might be not happening anymore which caused a bit of confusion when the managers don't really communicate with each other.
She has raised the issue a few days ago with one of the higher managers but today she was sent home 6 hours early because they were overstaffed.
- Is she still entitled to the pay for the rest of the hours even if she has not worked them?
- If so, how would she go about putting this across to the company - they do have an HR department. She is in two minds over whether to stay with the company but if she was to leave, should she take this to an employment tribunal and how would she go about that. - - To work out how many hours she is owed, would it be enough to just look at her payslip or should she go as far as noting all the hours she works etc.
- Also, if she has raised the issue more than once and they still don't change the way they act, should she ride it out for 2/3 weeks before taking it further.
Thanks
The employee is obliged to work the contracted hours and the employer is obliged to pay the employee for contracted hours. To pay less than what is set out in the employment contract would be a breach.
The flip side situation is an employee working under their contracted hours but demanding to be paid for the full contracted hours.
The flip side situation is an employee working under their contracted hours but demanding to be paid for the full contracted hours.
Stories like these worry me. This is evidence that those in positions of leadership are not equipped for the role. I wonder why no one has communicated with the worker to explain the situation and answer questions that are bound to be posed by the worker. Equally, for the worker not to have asked the question up front to their Line Manager suggests a breakdown in communication. Further, who allowed the organisation to become overstaffed? Unless it was as a result of some unforeseen catastrophic event, it smacks of incompetence.
The worker is entitled to work and be paid for contracted hours unless their is a clause in the contract itself suggesting otherwise. If I was the worker I would ask for a, at first informal, meeting with my Line Manager to discuss this and gain a better understanding of the situation. If this did not resolve my concerns, I would request a more formal meeting, with the proceedings recorded. Is the worker a member of any industry associated union? If so, it may be worth getting further advice from them. And if not already a member, consider joining. Good luck!
The worker is entitled to work and be paid for contracted hours unless their is a clause in the contract itself suggesting otherwise. If I was the worker I would ask for a, at first informal, meeting with my Line Manager to discuss this and gain a better understanding of the situation. If this did not resolve my concerns, I would request a more formal meeting, with the proceedings recorded. Is the worker a member of any industry associated union? If so, it may be worth getting further advice from them. And if not already a member, consider joining. Good luck!
Unfortunately this attitude seems endemic in the hospitality trade where managers often don't seem to grasp that they have a responsibility to their staff, let alone a contractual obligation. I know someone who is a sous chef who had his hours reduced on rota from 40 to 12 and when he complained he couldn't feed has family, pay the rent etc his employer just shrugged and asked what he should do about it - brave person facing an employee with access to knives!
This don't care, unengaged, attitude of course hacks off the employee who starts to hate the employer but can't show it, so they go about their duties in a grudging wasy and we - the customer - get service with a scowl so we don't go back, so there's no customers, no work, hours get cut etc etc
A question I often ask is - if you could get a better job than managing a pub for a chain, wouldn't you?
This don't care, unengaged, attitude of course hacks off the employee who starts to hate the employer but can't show it, so they go about their duties in a grudging wasy and we - the customer - get service with a scowl so we don't go back, so there's no customers, no work, hours get cut etc etc
A question I often ask is - if you could get a better job than managing a pub for a chain, wouldn't you?
Jasper Gilder said:
Unfortunately this attitude seems endemic in the hospitality trade where managers often don't seem to grasp that they have a responsibility to their staff, let alone a contractual obligation. I know someone who is a sous chef who had his hours reduced on rota from 40 to 12 and when he complained he couldn't feed has family, pay the rent etc his employer just shrugged and asked what he should do about it - brave person facing an employee with access to knives!
This don't care, unengaged, attitude of course hacks off the employee who starts to hate the employer but can't show it, so they go about their duties in a grudging wasy and we - the customer - get service with a scowl so we don't go back, so there's no customers, no work, hours get cut etc etc
A question I often ask is - if you could get a better job than managing a pub for a chain, wouldn't you?
Hospitality industry, contract that does not specify zero hours? That'll be a first!This don't care, unengaged, attitude of course hacks off the employee who starts to hate the employer but can't show it, so they go about their duties in a grudging wasy and we - the customer - get service with a scowl so we don't go back, so there's no customers, no work, hours get cut etc etc
A question I often ask is - if you could get a better job than managing a pub for a chain, wouldn't you?
I got a store manager (of a large retail chain) sacked for gross misconduct, well he got himself sacked for telling me he was going to change my job role and reduce my hourly rate. And that I was rubbish at my job.
Before he had even stopped speaking I'd walked out of his office, straight to HR for advice (across the corridor) they told me to put it in writing, Which I did in the form of a greivance. I also spoke to the union shop steward and the union directly who said that I had done the right things and to contact them again if matters werent progressing.
Within a week I had a meeting with the Store Manager and a senior member of HR from head office, the store manager was made to appologise. 2 days later the area manager came to the store and sacked the store manager for gross misconduct (ie putting the company at risk of employment tribunal).
So in summary, her contract is everything, if she isnt getting paid for the contracted hours then they are in breach of contract. And she should quickly speak to someone very senior, if she gets no joy then straight to an employment lawyer or Union.
Before he had even stopped speaking I'd walked out of his office, straight to HR for advice (across the corridor) they told me to put it in writing, Which I did in the form of a greivance. I also spoke to the union shop steward and the union directly who said that I had done the right things and to contact them again if matters werent progressing.
Within a week I had a meeting with the Store Manager and a senior member of HR from head office, the store manager was made to appologise. 2 days later the area manager came to the store and sacked the store manager for gross misconduct (ie putting the company at risk of employment tribunal).
So in summary, her contract is everything, if she isnt getting paid for the contracted hours then they are in breach of contract. And she should quickly speak to someone very senior, if she gets no joy then straight to an employment lawyer or Union.
ItsTony said:
- Is she still entitled to the pay for the rest of the hours even if she has not worked them?
- If so, how would she go about putting this across to the company - they do have an HR department. She is in two minds over whether to stay with the company but if she was to leave, should she take this to an employment tribunal and how would she go about that. - - To work out how many hours she is owed, would it be enough to just look at her payslip or should she go as far as noting all the hours she works etc.
- Also, if she has raised the issue more than once and they still don't change the way they act, should she ride it out for 2/3 weeks before taking it further.
Thanks
OP- If so, how would she go about putting this across to the company - they do have an HR department. She is in two minds over whether to stay with the company but if she was to leave, should she take this to an employment tribunal and how would she go about that. - - To work out how many hours she is owed, would it be enough to just look at her payslip or should she go as far as noting all the hours she works etc.
- Also, if she has raised the issue more than once and they still don't change the way they act, should she ride it out for 2/3 weeks before taking it further.
Thanks
If she is contracted for 30 hours per week she should get 30 hours per week. This would affect other things such as sick pay, maternity pay etc.
I would suggest she raises an informal query directly with HR. they're the experts and that's one of the reasons they're there for.HR will either confirm that she is entitled to be paid 30 hours per week OR that the manager is correct.
If its the latter she could always ask an Employment solicitor to check the T&Cs of her contract. If the solicitor suggests the company is wrong then she has the option of raising a grievance or taking them to tribunal.
I work in the hospitality trade and I am contracted to do 30 hours a week and have to use a clocking in/out card when my boss goes away and I only work say 25 hours she'll come back and deduct 5 hours from my wages, also our business is shut for the week and we are only being paid for the hours we work and have to use our holiday days to make up our hours.
timbow61 said:
This has raised a question if you don't get your contracted hours can a employer make up contracted hours by deducting hours from your holiday entitlement
Who is making the decision not to be at work or available to work the contracted hours? What exactly is happening in the situation you describe? Odie said:
I got a store manager (of a large retail chain) sacked for gross misconduct, well he got himself sacked for telling me he was going to change my job role and reduce my hourly rate. And that I was rubbish at my job.
Before he had even stopped speaking I'd walked out of his office, straight to HR for advice (across the corridor) they told me to put it in writing, Which I did in the form of a greivance. I also spoke to the union shop steward and the union directly who said that I had done the right things and to contact them again if matters werent progressing.
Within a week I had a meeting with the Store Manager and a senior member of HR from head office, the store manager was made to appologise. 2 days later the area manager came to the store and sacked the store manager for gross misconduct (ie putting the company at risk of employment tribunal).
So in summary, her contract is everything, if she isnt getting paid for the contracted hours then they are in breach of contract. And she should quickly speak to someone very senior, if she gets no joy then straight to an employment lawyer or Union.
This didn’t happen.Before he had even stopped speaking I'd walked out of his office, straight to HR for advice (across the corridor) they told me to put it in writing, Which I did in the form of a greivance. I also spoke to the union shop steward and the union directly who said that I had done the right things and to contact them again if matters werent progressing.
Within a week I had a meeting with the Store Manager and a senior member of HR from head office, the store manager was made to appologise. 2 days later the area manager came to the store and sacked the store manager for gross misconduct (ie putting the company at risk of employment tribunal).
So in summary, her contract is everything, if she isnt getting paid for the contracted hours then they are in breach of contract. And she should quickly speak to someone very senior, if she gets no joy then straight to an employment lawyer or Union.
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